I need help after being denied PR under Spouse or Common-law Partner in Canada

[nb2013]

I need an advise please.

After 5months of waiting for an approval of myself being a sponsor. I got denied. The reason is that I didn't inform them that we were a common law partner before I become a PR.

Nov 2012 - we met
October 2013 - we moved in
Octobter 2014 - we got engaged
(October 2014) - I should have told them that after a year of living together, we will qualify for a common law and I DIDNT inform them (don't know why i didnt)
Nov 2014 - I became a PR
Feb 2015 - got married
May 2015 - applied for sponsor
Oct 2015 - denied of family sponsorship


So, whats is my next step? Do i pass the same documents plus an explanation why i didnt let them know?
Im stuck. It says in their letter, I can apply to be a sponsor again if the INEGIBILITY IS RESOLVED.

Hi Did you apply inland or outland ?

 

[screech339]

Once you renounce or lose your PR status, there is nothing stopping you from applying again if you qualify. You will need to undergo new medical exams and police checks, and any family members would as well. I see absolutely no reason or any regulations on why you can't then add a partner that wasn't declared on a previous PR app that is of no further relevance. If partner fails medical or police check, the applicant will be denied for PR.

All the rules about spouses being banned for non-declaration, are to do with people landing as single and then sponsoring them under family class.

I understand the applicant is forever banned due to sponsor not declaring proper status at landing. My question is this. Since the applicant is assigned an UCI number, that record will remain with CIC forever. So if the sponsor renounced PR and begin a new PR application with spouse or CL, wouldnt CIC still see that the spouse was already banned under family class through the UCI record? It is not like they will expunge the spouse's file from records just because sponsor withdrew PR.

 

[Ponga]

I understand the applicant is forever banned due to sponsor not declaring proper status at landing. My question is this. Since the applicant is assigned an UCI number, that record will remain with CIC forever. So if the sponsor renounced PR and begin a new PR application with spouse or CL, wouldnt CIC still see that the spouse was already banned under family class through the UCI record? It is not like they will expunge the spouse's file from records just because sponsor withdrew PR.

Good point!


There's a similar discussion going on in the INLAND 2014 thread:

Hello,

I have a similar query to Saskatoon. Noted the dates below

Common Law date in app - Apr 2014
Date for Landing - Apr 2014 (few days after listed common law date)
OWP - Apr 2015 till 2017

ECAS shows in process. Will this application be denied? And what can be done to fix this ? If denied will the OWP be automatically cancelled ?

very worried and trying to figure out options

 

[Rob_TO]

I understand the applicant is forever banned due to sponsor not declaring proper status at landing. My question is this. Since the applicant is assigned an UCI number, that record will remain with CIC forever. So if the sponsor renounced PR and begin a new PR application with spouse or CL, wouldnt CIC still see that the spouse was already banned under family class through the UCI record? It is not like they will expunge the spouse's file from records just because sponsor withdrew PR.

No. The ban is for sponsoring them under a family class application only, where medical excessive demand condition is waived.

There is no ban if you were to apply for PR again under say express entry, where spouses/dependents must be examined and assessed for excessive demand qualification and the whole reason for the ban in the first place is no longer relevant.

 

[zardoz]

To be clear, it's not actually a ban on the individual. The legislation actually states the following.

117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

They are simply no longer to be considered within the Family Class, which has the side effect of making them ineligible to be sponsored. It does not render them inadmissible or ineligible for any of the economic immigration classes.

 

[Rob_TO]

To be clear, it's not actually a ban on the individual. The legislation actually states the following.

117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

They are simply no longer to be considered within the Family Class, which has the side effect of making them ineligible to be sponsored. It does not render them inadmissible or ineligible for any of the economic immigration classes.

Right and the key word there is sponsor. In an economic class app there is no sponsor, there is only the primary applicant and then their spouse/dependents. So the rule would not apply.

 

[npcanada]

I would really appreciate if you can guide me for my spouse's Family Class Sponsorship.

Query:

At the time I got my PR status in 2009, I was married. I got divorced in India in 2013, but I failed to update my marital status when I applied for PR card renewal in Dec 2014. I was issued a new PR card in Mar 2015. I visited India in May 2015 and got married, if I have to apply for my spouse sponsorship will my application be rejected as I did not inform about my divorce status during my PR card renewal?

My ex-wife stays in India.

 

[Rob_TO]

I would really appreciate if you can guide me for my spouse's Family Class Sponsorship.

Query:

At the time I got my PR status in 2009, I was married. I got divorced in India in 2013, but I failed to update my marital status when I applied for PR card renewal in Dec 2014. I was issued a new PR card in Mar 2015. I visited India in May 2015 and got married, if I have to apply for my spouse sponsorship will my application be rejected as I did not inform about my divorce status during my PR card renewal?

My ex-wife stays in India.

I think you are ok, as this rule only applies to family members not declared on original applications.

When you sponsor your new wife, you could perhaps just include a note indicating you forgot to change your status back to single for PR card renewal in Dec 2014. As long as you were officially divorced before you got re-married, I'm sure you will be fine.

 

[npcanada]

I think you are ok, as this rule only applies to family members not declared on original applications.

When you sponsor your new wife, you could perhaps just include a note indicating you forgot to change your status back to single for PR card renewal in Dec 2014. As long as you were officially divorced before you got re-married, I'm sure you will be fine.

Thanks, Rob for your response. Yes I was officially divorced before my 2nd marriage. I have prepared my application kit and have attached notarized copies of divorce as well as marriage certificate both.

 

[miss.s]

I am in need of urgent help. I applied within Canada as I am living with my spouse in Manitoba (Spouse or Common-law Partner in Canada class). In June 30th 2014 we received an email saying "It has been determined that I meet the eligibility requirements to apply for PR as a member of the Spouse or Common-Law Class. Please note that the final decision will not be made until all remaining requirements for becoming a PR have been met. These requirements include medical, security and background checks. All of which have been completed.
In order to continue this processing your application further information is required. you must complete/submit the following to this office:
> Medical: Complete or provide proof of completion of Immigration medical. This must be received at this office by: 2014/09/28.
This part was completed and excepted in the Mississauga office in 2014/09/14.

On Jan 12th 2015 I received another email from the CIC it stated, This is to replace the eligibility letter dated 28 September, 2014 that refers to your application for
permanent residence under the Spouse or Common-law Partner in Canada class. Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.
Mr. XXXX XXXXX XXXXX, in review of your sponsorship application, you indicated that you were in a common-law relationship and co-habiting with your sponsor since 29 July, 2007. Your sponsor failed to declare you at the time of her becoming a permanent resident on the 19 April, 2012. Since your sponsor did not have you examined for his/her application for permanent residence, you would therefore be excluded from applying for immigration in the family class.
This is after excepting I meet the eligibility in June 2014.
They in the same email said; The onus is on you Mr. xxxx xxxx xxxxx to satisfy me that you are not an excluded member of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within fourteen (14) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application. Every thing was posted to the Mississauga office and below is their reply....
The information requested along with a copy of this letter must be sent to:
Officer JE – INLAND SCLP
Email: CPCM-EXTCOM @ cic.gc.ca
Facsimile: (905) 803-7392

The application was denied in Febuary 3rd 2015 stating;
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Dear xxxxx xxxxx xxxxx:
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
I have determined that you do not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Subsection 125(1)(d) of the Immigration and Refugee Protection Regulations states that a foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

Your sponsor failed to declare you and have you examined for the purposes of immigration, within his/her application for permanent residence. After review of your response letter, I am not satisfied at this time to waive you Mr. xxxx xxxx xxxxx, from the excluded family member class. It is very apparent that you and your common-law spouse have been co-habiting for the last seven years but have been together for seventeen years. Throughout the process in applying for permanent resident status, applicants are advised in writing to notify Citizenship and Immigration of any changes including changes in marital status. There is no reason to believe that your common-law spouse/ sponsor was unaware of the consequences if she failed to comply. As a result, I have determined that you are not a member of the spouse or common-law partner in Canada class.

What can I do in response?
Can I appeal?

facing same situation but its not denied yet..cic said to convince them that we were not in common law ..How can we prove that..Please help? someone if went through same situation and got positive reply

 

[Hope1316]

facing same situation but its not denied yet..cic said to convince them that we were not in common law ..How can we prove that..Please help? someone if went through same situation and got positive reply

I just read your question, may i ask hows your application now?

 

[phtoca]

facing same situation but its not denied yet..cic said to convince them that we were not in common law ..How can we prove that..Please help? someone if went through same situation and got positive reply

I am facing same situation too and it's been 16 months to be exact we responded to the issue immediately and haven't heard anything from cic. How about you?

 

[phtoca]

facing same situation but its not denied yet..cic said to convince them that we were not in common law ..How can we prove that..Please help? someone if went through same situation and got positive reply

Hi! been there in that horrible situation i feel like my life crumbled when we received a fairness letter questioning our relationship on why he did not declare me on his application, we live together for so long. My consultant explained everything that even though we've live together before he became a pr and why he did not declare me in his application is because we are not aware and even though we live together here in our country we are still single in status, in the eyes of other people and the law. We prepared affidavit from lawyers stating that common law is not Recognize here in our country and some documents that we did not rely on each other financially even though we live together and most of all pray, pray that everything will be alright no matter what happens. All you have to do is to be honest no matter what the circumstances, we already prepared ourselves for rejection letter but God is so good he gave us a chance to be with each other.

 

[leenvi]

Can i write as a letter of explanation that I didnt know what the common law partner as it is not part of our philippine culture.

Hi! Im curious, what happened to your application to sponsor your spouse now?

 

[scylla]

Hi! Im curious, what happened to your application to sponsor your spouse now?

The application would have been refused.